The appellant father appealed an order varying a joint custody arrangement to grant sole custody to the respondent mother and significantly reducing his access.
The father argued the trial judge exceeded her jurisdiction by granting relief not explicitly requested in the pleadings.
The Court of Appeal held that the trial judge was entitled to rely on a consent order directing a custody assessment as defining the issues between the parties.
The Court upheld the sole custody order due to worsening conflict between the parents but found the substantial reduction in the father's access was not justified by the evidence.
The appeal was allowed in part to restore the father's access to four overnight visits in alternating weeks.
